Anti-SLAPP Laws in Ohio
At a glance
| Governing law | Ohio Rev. Code §§ 2747.01-.06, Uniform Public Expression Protection Act; enacted by S.B. 237, effective April 9, 2025 |
|---|---|
| What speech/conduct is protected | Broad: a communication in a governmental proceeding, a communication on an issue under consideration or review in one, or the exercise of speech/press/assembly/petition/association rights on a matter of public concern (§ 2747.01(B)); the Act confers substantive immunity from suit, not just from liability (§ 2747.01(E)) |
| Special motion to strike/dismiss | Motion for expedited relief within 60 days of service, extendable for good cause (§ 2747.02); filing stays other proceedings between the parties, including discovery, subject to statutory exceptions (§ 2747.03); hearing generally within 60 days of filing and ruling within 60 days of hearing (§ 2747.04(A), (D)) |
| Burden of proof | Movant shows the claim is based on § 2747.01(B) conduct; dismissal follows if no exemption is shown and the respondent lacks a prima facie case for each element, or the movant establishes failure to state a claim or entitlement to judgment as a matter of law (§ 2747.04(C)) |
| Attorney's fees | If granted, mandatory reasonable fees, court costs, and litigation expenses to the movant, including for pro bono or contingent representation; if denied, reciprocal fees only on a finding of frivolous conduct (§ 2747.05(A)-(B)) |
| Appeal rights | The movant may appeal a denial as an interlocutory final order within 30 days of entry (§ 2747.05(C)) |
| Exemptions | Four categories in § 2747.01(C): actions against a governmental unit or its employee/agent acting officially; a governmental enforcement action against an imminent threat to public health or safety; actions against a person primarily in the business of selling/leasing goods or services arising from a sale/lease-related communication; and survivorship or bodily-injury/wrongful-death actions |
Requirements one by one
What the Act covers
Ohio Rev. Code § 2747.01(B) covers communications in government proceedings, communications about matters under government review, and constitutional speech, press, assembly, petition, or association rights on a matter of public concern. The public-concern qualifier appears in the third category. Section 2747.01(C) excludes four categories of action, including certain commercial speech and bodily-injury claims.
Filing, stay, and decision
Under § 2747.02, the motion is due within 60 days after service of a pleading asserting a covered claim; the court can extend that period for good cause. Section 2747.03(A) stays other proceedings between the moving and responding parties, including discovery and pending motions, subject to that section's exceptions. The court ordinarily holds a hearing within 60 days of filing and rules within 60 days after the hearing (§ 2747.04(A), (D)).
The court must dismiss a covered claim or part of one with prejudice if no exemption applies and the respondent fails to establish a prima facie case on each essential element, or the movant establishes failure to state a claim or entitlement to judgment as a matter of law (§ 2747.04(C)). The court may consider evidence usable on summary judgment, so the record can extend beyond the complaint.
Fees and appeal
If the motion is granted, § 2747.05(A) requires reasonable attorney's fees, court costs, and litigation expenses, including when counsel worked pro bono or on contingency. If the motion is denied, the respondent receives those expenses only if the court also finds frivolous conduct under § 2323.51 (§ 2747.05(B)). The movant may appeal a denial within 30 days of entry (§ 2747.05(C)).
What trips people up
The protected categories do not all carry the same public-concern qualifier. A statement in a government proceeding falls under § 2747.01(B)(1); a statement outside government proceedings must fit another listed route, including the public-concern condition in division (B)(3).
Common questions
Can the motion address only part of a lawsuit? Yes. Section 2747.04(C) authorizes dismissal of a cause of action "or part of a cause of action" if the statutory conditions are met.
Does the Act apply to an older claim? Section 2747.06(A) applies the Act to a civil action filed or a claim asserted in a civil action on or after its April 9, 2025 effective date.
Statutes and sources
-
Ohio Rev. Code § 2747.01 — “(B) Except as provided in division (C) of this section, this chapter applies to a cause of action asserted in a civil action against a person based on any of the following: (1) The person's communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (2) The person's communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; (3) The person's exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution or the Ohio Constitution, on a matter of public concern. (C) This chapter does not apply to any of the following: (1) A legal action against a governmental unit or an employee or agent of the governmental unit who was acting or purporting to act in an official capacity; (2) An enforcement action that is brought in the name of a governmental unit to protect against an imminent threat to public health or safety; (3) A legal action brought against a person primarily engaged in the business of selling or leasing goods or services, if the cause of action arises out of communication related to the person's sale or lease of the goods or services; (4) A survivorship claim or a legal action seeking recovery for bodily injury or wrongful death, or statements made regarding that claim or legal action. (D) Nothing in this chapter is intended to create any new statutory cause of action. (E) The general assembly, in enacting this chapter, intends to confer substantive immunity from suit, and not merely immunity from liability, for any cause of action described in division (B) of this section.” Source: https://codes.ohio.gov/ohio-revised-code/section-2747.01 (accessed 2026-10-06).
-
Ohio Rev. Code § 2747.02 — “Not later than sixty days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, the party may file a motion for expedited relief to dismiss the civil action or claim. The court may extend the sixty-day period to file the motion for expedited relief for good cause shown.” Source: https://codes.ohio.gov/ohio-revised-code/section-2747.02 (accessed 2026-10-06).
-
Ohio Rev. Code § 2747.03 — “(A)(1) Except as otherwise provided in this section, if a motion for expedited relief is filed under section 2747.02 of the Revised Code, the court shall stay all other proceedings in the action between the moving party and responding party, including discovery and any other pending hearing or motion.” Source: https://codes.ohio.gov/ohio-revised-code/section-2747.03 (accessed 2026-10-06).
-
Ohio Rev. Code § 2747.04 — “(A)(1) The court shall conduct a hearing not later than sixty days after the filing of a motion for expedited relief, unless the court orders a later hearing to allow for limited discovery under section 2747.03 of the Revised Code or delays the hearing for other good cause. (2) If the court orders a later hearing to allow for limited discovery, the court shall conduct the hearing not later than sixty days after the court order allowing discovery unless the hearing is delayed for other good cause. (B) In ruling on the motion for expedited relief, the court shall consider the pleadings, the motion, any response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under Rule 56 of the Rules of Civil Procedure. (C) In ruling on the motion for expedited relief, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if all of the following apply: (1) The moving party establishes that the cause of action is based on a communication or action described in division (B) of section 2747.01 of the Revised Code. (2) The responding party fails to establish that this chapter does not apply to the cause of action due to an exception in division (C) of section 2747.01 of the Revised Code. (3) Either the responding party fails to establish a prima-facie case for each essential element of the cause of action or the moving party establishes one of the following: (a) The responding party failed to state a cause of action upon which relief can be granted. (b) There is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action. (D) The court shall rule on the motion for expedited relief not later than sixty days after the hearing.” Source: https://codes.ohio.gov/ohio-revised-code/section-2747.04 (accessed 2026-10-06).
-
Ohio Rev. Code § 2747.05 — “(A) If the court grants a motion for expedited relief under section 2747.04 of the Revised Code, the court shall award reasonable attorney's fees, court costs, and other reasonable litigation expenses to the moving party. The court shall not fail to award, or reduce an award of, attorney's fees, court costs, and other reasonable litigation expenses under this division on the grounds that the representation of the moving party was undertaken on a pro bono or contingent basis. (B) If the court denies a motion for expedited relief under section 2747.04 of the Revised Code, and finds that the motion was frivolous conduct as defined in section 2323.51 of the Revised Code, the court, after the disposition of any appeal affirming the court's ruling on the motion, shall award to the responding party reasonable attorney's fees, court costs, and other reasonable litigation expenses incurred in responding to the motion. (C) If the court denies a motion for expedited relief under section 2747.04 of the Revised Code, the denial is a final order under section 2505.02 of the Revised Code and the moving party has an interlocutory right of appeal under that section. The appeal must be filed within thirty days after entry of the order.” Source: https://codes.ohio.gov/ohio-revised-code/section-2747.05 (accessed 2026-10-06).
-
Ohio Rev. Code § 2747.06 — “(A) Sections 2747.01 to 2747.06 of the Revised Code apply to a civil action filed or any claim asserted in a civil action on or after the effective date of this section. (B) A court shall broadly construe and apply sections 2747.01 to 2747.06 of the Revised Code to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution and the Ohio Constitution.” Source: https://codes.ohio.gov/ohio-revised-code/section-2747.06 (accessed 2026-10-06).
Source links
Every statute quoted above, linked, with the date we checked it.
What does Ohio law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Ohio law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace